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UNITED STATES v. A MOTION PICTURE FILM

No. 68 Civ. 266.

285 F.Supp. 465 (1968)

UNITED STATES of America, Plaintiff, v. A MOTION PICTURE FILM ENTITLED "I AM CURIOUS—YELLOW" ("Jag Ar Nyfigen-Gul") (35 mm., Black and White, 6 Double Reels, 11,746 ft., Swedish soundtrack with English subtitles) Grove Press, Inc., Claimant.

United States District Court S. D. New York.

May 3, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for the United States of America; Lawrence W. Schilling, Asst. U. S. Atty., of counsel.

Richard Gallen and Edward deGrazia, for claimant.

OPINION

THOMAS F. MURPHY, District Judge.

In this action brought pursuant to 19 U.S.C. § 13051 to forfeit and confiscate an imported Swedish motion picture with English subtitles, entitled I AM CURIOUS—YELLOW, the claimant, Grove Press, Inc., moves for summary judgment. Its argument is two-fold: (1) that 19 U.S.C. § 1305 is unconstitutional on its face and as applied...

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